Rajendra Kumar Bharti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1131 of 2021

1. Rajendra Kumar Bharti C/o Bhagwat Bharti, Aged About 41 Years R/o O, Ghota Sonwani Para, Ghota, District- Durg, Chhattisgarh

2. Gajanand Sandey S/o Mangal Sandey Aged About 44 Years R/o Budhiya Post- Toresigha, Budhiya, District- Mahasamund, Chhattisgarh

3. Indu Pradhan W/o Praful Pradhan Aged About 35 Years R/o Sangham Chouk Bhatapara, Dadar Road Charoda, Ward No. 19, Bhilai, Charoda, District- Durg, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District- Raipur, Chhattisgarh

2. Director Public Instructions Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh

3. Collector Bijapur, District- Bijapur, Chhattisgarh

4. District Education Officer Bijapur District- Bijapur, Chhattisgarh ---- Respondents For Petitioners : Shri Anadi Sharma, Advocate. For State : Shri Avinash Singh, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 18.03.2021

1. The present is a writ petition whereby the petitioners are claiming for an appropriate direction to the respondents for considering their claim for appointment as Atithi Shikshak in terms of the order of the State Government dated 02.08.2019 and 24.06.2019.

2. The contention of the petitioner is that all the petitioners herein have worked as Vidya Mitaans during the period from 2016 till 2019.

However, thereafter their services have been discontinued. According to the petitioners, Some of the similarly placed persons earlier had filed a writ petition i.e. WP(S) 7811/2019, which got disposed off on 01.10.2019 whereby this Court taking into consideration clause-1 of the said circular of the State Government dated 02.08.2019 and directed the authorities to consider and decide the claim of the petitioners in-terms of the circulars of the State Government.

3. According to the petitioners, thereafter, there has been no further development taken till date inspite-of there being this order of this Court and they have therefore come to this Court for a fresh direction to the respondents.

4. Considering the fact that this Court had in the past passed a similar order in a series of writ petitions of identical nature, this Court at this juncture is inclined to pass an order to the extent that the petitioners' case be considered by the respondents No. 2 & 4 for being appointed as Atithi Shikshak in terms of any advertisement or recruitment drive which the respondents have initiated in District Bijapur and subject to the petitioners fulfilling the minimum eligibility criteria including educational qualification, the case of the petitioners be consider interms of the policy of the State Government itself wherein they have mentioned that Vidya Mitaan would be given priority.

5. Let a decision be taken by the respondents No. 2 & 4 in-respect-of the petitioners at the earliest preferably within a period of 60 days from the date of receipt of copy of this Order.

6. It is made clear that the petitioner in-addition-to their claim that they have made, would also be at liberty to file a fresh representation to

the respondents No. 2 & 4 and who may consider the claim of the petitioners for any recruitment to be made for the next academic session unless the circular stands modified or amended.

7. The present writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit